Loading...
SR-8-C (28)PG^ SF AS PF f lplanlsharelcounc~llstrptlcSauto2 wpd Co~ncil Mtg January 2Q. 1998 Santa Mon~ca, Cai~forrna ~~~ ~ D ~ TO Mayor and City Counc~{ FR~M C~ty Staff SUBJECT Recammer~dat~on to IntraducE for F~rst Read~r~g an ~rd~nance Amen~~ng Sectian 9 04 08 26 040 af Article lX af the Santa Mon~ca Municipal Goc~e To Speafy Automobile Deaferships m Existence an October 1, 1996 as CondEt~onally Perm~tted Uses m the C6 Boulevard Commercial District, Provided Such Uses are not Con~erted ta Another Use 1NTRODUCTION Th~s report recommends that the CEfy Councif mtroduce for first read~ng an ardinance to amend Sectron 9 04 08 26 fl4D of A~t~cle IX of the Santa Mon~ca Municipal Gode ta specEfy that automobile dealersh~ps in existence on October 1. 1996 are cond~tEanally perm~tted uses in the C6 Boulevard Commerc~af zonin~ distnct, provided such uses are not converted to another use. On ~ecember 2. 1997, tt~e C~ty Council cans~dered an ord~nar~ce that would ha~e established existing auto dealerships as permitted uses, subject to certam fimi#ations, and directed to staff to modify the proposai to be more cons~stent w~th the C4 H~ghway Commeraal zon~~g d~strict auto dealersh~p standar~s The amended ord~nance is contained in Attachment A BACKGROUND AND ANA~YSIS At the December 2, 'l997 Council meeting, the Councif expressed concern that the proposed ordmance to establish autamob~le dealershrps ~n existence on ~ctot~er ~, 1996 as permitted uses in the C6 zoning d~strict was not consistent with the current C4 zoning district standards for auto dealerships !n tt~e C4 distnct, new a~tamobile dealerships, 'f. ~- ~~ , ~~ ~~Nao~ . which inckudes any dealersh~p that has been closed far more than one y~ar. may be perm~tted sub~ect to the approval af a Canditional Use Permit The Councif stated that auto dealerships should be treatec! consistently throughaut the City, and that, if any o#the four existing dealershtps loca#ed in the C6 Distnct closes operations for more than onE year. there shaufd be a process to enable that dealership to reapen Howe~er, given the exist~ng C6 prohibition on new auta dealerships in th~ C6 District, the Co~ncil felt that. if an existing deale~ship ~s converted to anather use. afi nghts #o aperate a dealership at that lacat~on shauld cease As proposed, the ardmance does not expand opportunrtres far auto deafershi~s rn the CG district, but pra~ides more flexfbility in the operatGOn of the four existing dealersh~ps The four existing auto dealersh~ps would remam classified as legal non-conform~ng uses As a resul#, these dealershi~s would be sub~ect to t~e Zaning Ordmance regulatror~s regarding operatian of a legal nonconforming use If an exist~ng dealership is closed for less than ane year, it would be allowed to reopen Howe~er, if the establGShmer~t ~s con~erted to a~o#her use, ar~ auta deaEership would not be permitted to resume aperation at the site In addition, consistent with the C4 District standar~s, by obtammg a Condit~onal Use Permit, an exist~ng dealersh~p tF~at is closed #or more than ane year would be aliowed to reopen, sub~ect to compliance with applicabie performance standards The ordinance, howe~er, proh~bits dealersi~ips that have obtained a Conditional Use Permit and, subsequentky, fiave converted to another use. from resuming auto dealer operat~ans The ordmance does not propose modifying the C6 s#andards to allow new auto dealerships w~th a Condit~onal Use Perm~t lJnlike the C4 d~strtct. which is intended to encourage 2 service commerciai uses. such as auto dealerships. the purpose of the C6 district is to accammodate a range of genera! cammercia! uses while promoting development that is compatible with the scale and character of ad~acent res[d~ntial neighborhoods Staff believes increasing the number of auto dealerships m the C6 district wou[d be mconsistent with th~s purpose Conclusion Tl~e propased ord~nance cont~nues to prohibit the es#ablishment of new auto dealerships ~~ the C6 d~strict Ins#ead, the ordinance states that ex~sting auto dealerships are candit~onalty perm~tted uses Th~refore, if one of the fou~ rema~nmg auto dealerships in the C6 distr~ct cfoses for more than ane year, i# may be reopened, sub3ect to approval of a Gonditional Use Permit. Hawever, if #he dealership is converted to another use. the dealership may r~ot reopen CEQA STATUS The proposed Ordinance is exempt fram the prov~s~ans of CEQA pursuant to Class 5 0# the State Guidel~nes m that the proposed text amendment will specify that automobile dealerships in existence on Octo~er 1. 1996 are conditionally perm[tteci uses ~n the C6 zaning district Th~ praposed text amendment, therefare, constit~tes a mmor land ~se fimitat~on wi#h no char~ges in iand use or density PUBLIC NOTIFICATION N~t+ee of the publrc hearir~g was p~bl+shEd rn The Outfook at least ten days pr~or to the date ofthe CouncEl hearang as requested by Gavernment Cade section 65091 and Z~ning 3 Ordinance Section 9 04 20 22 050 (Attachment B) BUDGETIFlSCAL IMPACT T~e recommendation ~resented m#his report does not have any budget or fiscal impact RECOMMENDATION It is recommended that the City Councii hold a public hearing and ~ntroduce the attached ordinance for first reac~~ng Prepared by Suzanne Frick, Directar Amanda Schachter, Senior Planner Pai.tl Fflley. Assoc~ate P~anner City Planning Div~sion Planning and Community De~elopment Department ~+ttachmenfs A Proposed Ordinanc~ B Public notice 4 ATTACHMENT A . . F - ' . r s. . ~ ~ -1 ~ ~ PCD SF KG AS PF f lp~anlsharelcouncillordlc6ord2 Cauncil Mtg Jar~uary 20, 199$ ORDiNANCE NUMBER (Gity Council SEries} Santa Monica. Ca~~forn~a AN ORDINANCE OF THE CITY COUNC[L OF THE ClTY OF SANTA MONICA AMENDING SECTION 9~4 p8 26 02D OF ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO SPECIFY AUTOMOBILE DEALERSHIPS IN EXISTENCE ON OCTQBER 1, 1996 AS CONDITiQNALLY PERMITTED USES lN THE C6 BOULEVARD COMMERCIAL Z~NING DISTRICT WHEREAS, the Zoning Ordmance currently does not include automob~le dealerships as permitted uses in the Cfi Boulevard Commercial Distnct thus classifymg exist~ng c~ealerships as legal, non-conformmg uses. and WHEREAS, the Zaning Ordmance ~llows the expans~on of existing automobife dealerships in the C6 Boulevard Cammercial D~stnct w~th either a PerFormance Standards Permit ar Conditional Use Permit depending on the extent of expansion, and WHEREAS, tl~e current Zoning Ord~r~ance. theretore. has an ~ncoRS+stency betvueen the procedures established to allow the expans~on af automobile dealerships in fhe C6 Bo~alevard Comme~cial zonmg d~stnct and star~dards wh~ch prohibit tF~e ex~ansi~n of existing land uses which are not permitted nor condit~anally permitted, and ~- •~ ~ G ~ WHEREAS, pursuant to Section 9 D4 20 16 02a(a)(3) of the Zaning ~rdinance an applicatian was filed by W I Simonson, Inc for a Zoning Ordinance text amertdment to specify automabife dealerships in exis#ence on October 1, 199$ as permitted uses m the C6 zoning district, and WHEREAS. on October 8. 1997, t~te Planning Comm~ssion held a publ~c hearing on the ~roposed zoning text amendments which would amend Sect~on 9 04 08 26 Q20 of the Zonmg Ordinance to specify automobile dealerships m existence on October 1. 1997 as perm~tted ~ses in the G6 Baulevard Commercial zoning d~str~ct ~arouided that su~h dealerships may not resume operat~ons ~f conver#ed to another use or if operations cease for a peraod of ane year or longer unless such closure is the result of a natural disaster or fire, and WHEREAS, the Gity Councif held a public hearing on the proposed Zon~ng Ord~nance Text Amendment an December 2, 1997 and requ~sted that staff amend the proposed ord~nance to make t~e treatment of existmg automobile dealersh~ps in the C6 Bou~e~ard Commercjal District consistent with their treatment ir~ the C4 Highway CammercEal District in the City by allowmg existing automobkle dealerships in existence on October 1, 1996 as conditionally perm~tted uses, and WHEREAS, the City Councfl finds and declares that the proposed amendment ~s consistent m prmciple with the goals, ob~ectives, poliaes, land uses, and programs spec~f~ed m the adopted Generak P{an, specjfiically Land Use Element Ob~ective Policy #1 6 2 • (.,~ ~i ~ which states that the commerc~al corric~ars of the City should '~Accammodate commeraal uses which ser~e regionaL commun~ty and local needs wh~le respecting the ad~acent resEdential neig#~barhoods~~ and automobile dealers are uses patrornzed by both local residents as wefl as res~dents of the reg~on The proposed text amendment will allow four auto dealers in existence on October 1, 1996 Cars with CEass at 11 p5 Wilshire Boulevard. Harnburg ,~aguar, lr~c at 1601 Wilshire Boulevard. W I Simb~son, Inc at 162fi and 1704 Wilshire Boule~ard and Exot~c Cars at 1723 Wilsh~re Boul~~ard to remain and impra~e and expand af their facilities to better ser~e the public and to re-open if closed for more than one year as a cond~t~onally {~erm~tted use WHEREAS, the City Gounci~ finds and declares that the public health, safety and generai welfare requires the adoptian of the proposed Ord~nance in order that exist~ng automobde dealerships located in the C6 zoning distric~, which provide ~aluable goods and serrnces to the public, may be specified as canditiona[ly permitted uses in the C6 district and thus be allowed to improve and expand #heir fac~lit~es Th~s text amendment removes an incans~stency betwe~n the existing C6 zoning distr~ct proWisions that allow for auto dealer expans~on and the non-conform~ng use regulations which pra~ibit such expansion smce existing auto dealers in the C6 district are not classified as perrnitted or conditionally permitted uses NOW, THEREFORE THE CITY COUNCIL OF THE CITY O~ SANTA MONICA D~ES HEREBY ORDAIN AS FOLL~WS 3 ~ +~a~ ~ SECTlON 1 Article IX of the Santa Monica Municipal Code is amended to read as folfows Seetion 9 04 08 26 040 Conditionally permitted Us~s (a) Automobile dealerships in exEStence on October 1. 1996, provided that such dealerships may not resume operations if canvert~d ta another use (a}(b) Expansion Qf existing automobile dealerships indoar or outdoor area by more than ten percent, or more thar~ five thousand square fee~, whichever is less ~u~4c~ A~d~tor~ums {ej(d) Department stores over fifty thousand square feet (~F}(e} Homeless shelters with fifty-fi~e beds or m~re fe}~f} Hotels and motels (#}(g} Nightclubs ~g-}(h) Sen+ice stations {~°r}([} Take-out and fast fooc~ restaurants {r}(~) Theaters SECTION 2 Any pro~~sEOn of the Santa Monica Municipal Cocfe ar append~ces thereto mcons~stent w~th the provisior~s of this Ordinance, fo the extent of such incons~stencies and no further, ~s hereby repealed or modifted to that extent necessary to affect the provis~ans of this Ordmance ~ k1 ~ ~, SECTION 3 If any section, subsect~on, sentence. clause, or phrase o~ this Ordinance ~s for any reason heEd ta be ~r~valid or uncanstitutional by a decES~on of any caurt of competent ~urisdict~on, such decisian shall not affect the val~dity of the remainmg portior~s of this Ordmance The City Counci] hereby declares that it would ha~e passed thES Ord~nance and each and eWery sectian, subsect~an, senter~ce, cla~ase, or phrase not declared invalid ar unconstitutional without regard to whether any po~tian of the ordEnance wou~d be subsequentiy declared in~alid or unconstitutional SECTION 4 The Mayor shall sign and the City Clerk sF~all attest to the ~assage of this Ordinance The City Clerk shall cause the same to be pub~ished once tn the official newspaper within 15 days after its adaption ThES Ordinance shall became eff~ct~~e 30 days from ~ts adoptian APPROVED AS TO FORM , ~~ar. ~~ ~_ ~'~~~ ~ f ~j MARSHA JONES MOUTRIE C~ty Attarney ~ r1~' i fI 1 2 ATTACHN~N'T B ~ . ~~ ~ ; ~ ~ - i~ 1 4 NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA C1TY C~UNC~L SUBJECT. A P~blic Hearing wiil be F~eld by the C~ty Councii on the follaw~ng request Introduction and first reading of an ordinar~ce to amend Part 9 04 08 26 af A~ticle IX of #he Santa Monica M~n~cipal Cade to establish p~-avrsions to allow the continued operation of autamobile dealerships located ir~ the C6 Boulevard Commercial ~oning district that were in ex~stence as of October 1. 1996 APPLICANT. W I Simo~son, Ine WHEN: Tuesday, January 20, 1998 at 6 30 P M VIIHERE: Council Chamber, Room 213 1685 Main 5treet, Santa Monica HOW TQ COMMENT The City of Santa Manica encourages public comment an this and other pro~ects You ar your representati~e, ar any other persons may comment at the City Councal's public heanng, or by wnt~ng a letter Letfers shauld be addressed to City Clerk 1685 Main Street, Raom 102 Santa Mon~ca, CA 90401 MORE INF~RMATION If des~red, further information on any application may be obtamed from the City Plannmg Division a# the address abo~e or by calling {310) 458-8341 The m~etrng fac~l~ty is access~ble If you need any disabifEty-related accommodat~ons, please contact staff at (3'f 0}458-8701 Pursuant to Cal~fornia Government Co~e Sectian 65009(b}, if this matter is subsequently challenged m Co~rt, the challenge may be limited to only #hose issues raised at the PublEc Hear~ng descr~bed m this notice, or m written correspnndence deli~ered to the City of Santa Monica at, or pnor to, the Public Heanng ESPAIVOL Esto es ~n a~jsa sobre una audencia publica para re~isar appl~caciones proponiendo desarrallo en Santa Monica Esto puede ser de mteres a usted S~ desea mas informac~on, Ilame a Carmen Gut~errez al numero {310} 458-8341 -4~15 f 1planlsharelcaunciElnot~ceslc6auto2 wpd APPR4VED AS T~ F~RM -~ ~t,' ~.,,~s,G~.~ - ~ ?.:~!<~ '! ~. AMANQA SGHACHTER Seniar Planner ;~ 2 F'